[Ord. No. 504, § 1, 6-2-1992]
The purpose of this article is to provide rural fire protection
services to certain property owners and residents outside the corporate
limits of the City.
[Ord. No. 504, § 2, 6-2-1992; Ord. No. 865, § 1, 4-1-2008]
The City shall furnish fire fighting equipment and personnel
from the Fire Department of the City of Butler, to property owners
and residents of Bates County whose property has current boundaries
on file with the county commission.
[Ord. No. 504, § 3, 6-2-1992; Ord. No. 865, § 1, 4-1-2008]
The City shall sell memberships to persons residing or owning
real property whose property has current boundaries on file with the
county commission and whose residence or property is easily accessible
by roads. In the event the City shall determine the property to not
be easily accessible by roads, the City reserves the right to terminate
the membership, in which case, the membership fee shall be refunded
to the member.
[Ord. No. 504, § 4, 6-2-1992; Ord. No. 865, § 1, 4-1-2008]
Rural fire protection services shall be available only for real
property which have current boundaries on file with the county commission
for which the owner or resident has purchased a current membership
from the City; provided, however, that the City in its discretion
may dispatch fire fighting equipment and personnel from the City fire
department to fires outside the City limits, involving churches, schools,
buildings for community service group meetings or life-threatening
fires, even if memberships for such locations have not been purchased.
[Ord. No. 504, § 5, 6-2-1992]
(a) $75, for each habitable dwelling.
(b) $50, for a tract with improvements other than a dwelling or without improvements if the member has not purchased a current membership under Subsection
(a).
(c) $40, for a tract without improvements, provided that the member has previously purchased a current membership under either Subsection
(a) or
(b).
[Ord. No. 504, § 6, 6-2-1992]
The membership fee shall entitle the member to receive fire
protection services as provided herein for a period beginning on April
1 and terminating on March 31 of the following year. Membership fees
shall be payable on or before the 1st day of April in each year. After
April 1, the City Clerk shall assess a penalty for late payment equal
to 1 1/2% of the total fee for each month or part of month by
which payment shall be late.
[Ord. No. 504, § 7, 6-2-1992; Ord. No. 530, § 1, 3-2-1993]
Notwithstanding the preceding section, membership fees shall
be prorated if purchase of a new membership occurs after April 30th
in any year. Membership fees shall be 1/12 of regular fees for each
full month remaining until April 1, and membership will begin on the
first day of the month following payment.
[Ord. No. 504, § 8, 6-2-1992]
Whenever the fire equipment or personnel of the City fire department
shall be dispatched to respond to any fire, chemical spill or motor
vehicle accident or upon the real property of a non-member, such non-member
shall be liable for the cost of such response by payment of a fee
to the City equal to $250 for each hour or part of an hour during
which the fire department is required to respond. In the event such
non-member shall be insured by any policy or contract of insurance
which might provide benefits in such event, the Fire Chief shall be
entitled to submit a statement for such fees to the insurance company
of such non-member.
[Ord. No. 504, § 9, 6-2-1992]
In the event a member shall require fire protection services,
he shall report to the fire department of the City his fire tag or
membership number, the type of fire or incident, the location of the
fire or incident, and such other information as the Fire Chief may
reasonably require, whereupon the equipment and personnel of the fire
department of the City shall be dispatched to the location stated
in the report subject to the conditions herein. The Fire Chief shall
have the discretion to determine the type and amount of fire equipment
and personnel necessary to respond to the report.
[Ord. No. 504, § 10, 6-2-1992]
The Fire Chief shall dispatch fire fighting equipment and personnel
outside the City limits of the City only at such times as such equipment
or personnel are not needed within the City and in the event such
equipment or personnel should be needed within the City while the
equipment and personnel are dispatched to a rural fire call the Fire
Chief, at his discretion, may immediately recall such equipment and
personnel to the City.
[Ord. No. 504, § 11, 6-2-1992]
A membership shall entitle the purchaser to a fire tag or membership
number which shall identify and entitle a member to fire protection
services as provided herein for the real property stated in the application
filed with the City Clerk at the time of purchasing the membership.
No single membership shall include tracts of real estate which include
more than one habitable dwelling or tracts of real estate which are
not adjacent and contiguous.
[Ord. No. 504, § 12, 6-2-1992]
The purchaser of a membership shall complete such information
forms as may be reasonably required by the Fire Chief of the City.
[Ord. No. 504, § 13, 6-2-1992]
The membership shall be transferable only to a subsequent purchaser
of the real property for which the real estate was purchased.
[Ord. No. 504, § 14, 6-2-1992]
Upon arrival at the scene of a fire, chemical spill or motor
vehicle accident, the Fire Chief of the City or the ranking officer
of the fire department of the City at the scene, shall assume command
of equipment and personnel at the scene, subject, however, to the
provisions of any mutual aid agreement which may apply.
[Ord. No. 504, § 15, 6-2-1992]
Any person who voluntarily assists the fire department of the
City in providing the services provided for herein shall do so at
his or her own risk and shall not acquire any claim, cause of action
or right against the City, its employees or agents, including firemen
on the scene for any loss, damage, personal injury or death occurring
by reason of any action or inaction on the part of the personnel of
the fire department of the City.
[Ord. No. 504, § 16, 6-2-1992]
The City shall have the right to refuse or reject any application
for membership or deny the renewal of any membership.